
UK Supreme Court Looks to Restatement of U.S. Law of International Commercial and Investor-State Arbitration
The Court found that when choice of law is not identified in an arbitration agreement, the law of the seat of arbitration is the law “most closely connected” to agreement, and references Restatement of the Law, The U.S. Law of International Commercial and Investor-State Arbitration in support of its decision.
Supreme Court of Georgia Cites Restatement of the Law of Liability Insurance
On April 19, 2021, the Supreme Court of Georgia issued its opinion on the case in response to the Eleventh Circuit’s certifications. In its discussion of the background principles of law, the court cites Comment a of § 27, Remedies for Breach of the Duty to Make Reasonable Settlement Decisions, of Restatement of the Law, Liability Insurance.
The Continuing Support of Our Founding Donor
The preparations underway for our 100th anniversary give us a welcome opportunity to take stock of the many contributors who have enabled our extraordinary successes over the past century.
Supreme Court of New Mexico Cites Principles of the Law, Policing
In State v. Martinez, 478 P.3d 880 (N.M. 2020), the Supreme Court of New Mexico cited the Principles of the Law, Policing (T.D. No. 2, 2019), in abandoning the prevailing federal rule governing the admission of eyewitness-identification evidence, as articulated in Manson v. Brathwaite, 432 U.S. 98 (1977), in favor of adopting a new per se exclusionary rule for unnecessarily suggestive pretrial identification procedures, based on its determination that the New Mexico Constitution provided broader due-process protection in the context of eyewitness-identification evidence than the U.S. Constitution.
Trespass to Land and Intent
The following entry is excerpted from Tentative Draft No. 2 for Restatement of the Law Fourth, Property. Included below is the Topic Note to Trespass to Land, Generally; § 1.5. Intent Required for Trespass to Land, and Comment b. to § 1.5.
Property Torts
In this video, Henry E. Smith and John C.P. Goldberg discuss the connection property torts has to both Restatements of Torts and Property.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources. Completed work is available to purchase online.